Drugs and Cosmetics Act, 1940, Section 34, 18 -- Director - It must be specifically averred in complaint that accused in his capacity as director, manager, secretary etc., was in charge of and responsible to company for conduct of its business at time when offence was committed and that commission of offence was with consent or connivance of, or attributable to neglect on..........
Criminal trial -- Plea of alibi - Failure of defence to prove - Does not make the accused liable for conviction unless prosecution is able to prove that he is guilty of the crime as alleged beyond reasonable doubt...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife must prove neglect and refusal on part of husband - Ill-treatment cannot be substantiated on basis of general allegations of wife in absence of details thereof...........
Medical negligence -- Burden of proof - Standard of proof - Alleged loss of vision after the petitioner was operated for cataract and implantation of Intra Ocular Lens - Plea of the OP that petitioner did not come up follow up treatment - Respondent gave in great detail the procedure followed by him for IOL implantation - This has not been challenged based on any `expert'..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Acceptance - Donee to prove that gift was accepted expressly, impliedly or by circumstances - Delivery of the property plays an important role in acceptance of gift...........
Consumer Protection Act, 1986, Section 2(1),(g) -- Computer - Deficiency of service - Sale of computer by OP to complainant not proved by the complainant - Nothing has been stated either in his complaint or affidavit as to how much amount was paid in installments and when it was paid in cash to the OP - Held that the complainant as well as District Forum erred in law in..........
Criminal Procedure Code, 1973, Section 145, 482 -- Dispute regarding possession of property - Documentary evidence showed that at one time grand father of respondent `K' was the owner of the land and `K' in his affidavit also stated that he was in possession of the same - Mere construction of Khor and installation of Khuntas in the disputed site does not show the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 42, 50 -- Material contradictions in the statement of witnesses as to in whose custody the sample of contraband remained - Malkhana register not produced in evidence - It can safely be held that the prosecution has not been able to prove that the seals remained intact right from seizure till the same were..........
Transfer of Property Act, 1882, Section 122 -- Gift of immovable property - By illiterate lady - Husband neither attested her thumb impression nor identified her - Sufficient to create doubt - All attesting witnesses were strangers and none came to prove execution - Scribe cannot be said to be attesting witness - Execution of gift deed not proved...........
Custodial death -- Compensation - Death of accused in police custody due to injuries - Failure of police to prove how said injuries suffered by deceased - Inference is that police was responsible for causing injuries - Compensation of Rs.75,000/- to daughter and Rs.50,000/- each to two sons awarded - Fact that deceased was a criminal is no ground to deny compensation - It..........
